Selecting the best option to save your home

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Everyone goes through hard times, and sometimes, those difficulties result in great loss. If you are facing a foreclosure, you may consider a few different mortgage assistance options.

However, it is important people to select the best options for their particular situation. There are a few key factors to consider when choosing the right assistance for you.

Process

Depending upon what part of the foreclosure process an individual is in, certain options may not be available. Therefore, it is important people take the time to understand the foreclosure laws. Knowing there is still time to get back on the right financial footing can help to create peace of mind as well.

Eligibility and guidelines

Those who qualify for one type of assistance do not automatically qualify for all of them. It is important to understand the eligibility requirements for each type of assistance. Also, certain types of assistance may have specific guidelines. For example, individuals must meet certain requirements to obtain and maintain a forbearance. This knowledge is critical, and it is important to fully understand what the guidelines require and if homeowners are able to meet them consistently throughout the course of the assistance program.

Counsel

A proper attorney can be very helpful in securing mortgage assistance that truly helps homeowners retain their homes while rebuilding their financial property. For the greatest level of effectiveness, individuals should find attorneys with certain characteristics, including:

  • Positive reputation
  • Relevant experience
  • Strong communication skills

These are a few of the main things to look for in an attorney for any case. The individuals must work closely with the attorney during this process, so it is undoubtedly beneficial for them to choose counsel they feel they can trust.

A pending foreclosure may be resolved with the right mortgage assistance plan. By acknowledging and accounting for these factors, homeowners set themselves on the right track to select and implement the best mortgage option for their situations.

Will your sweetheart’s bankruptcy disrupt your wedded bliss?

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You would like to go into your marriage feeling supremely happy and confident about your future. However, your soon-to-be husband is going through bankruptcy, which casts a bit of a damper on your expectations for wedded bliss.

You are afraid that the bankruptcy issues could adversely affect your excellent credit rating. Fortunately, there are ways to prevent that from happening.

The main concern

Marriage does not mean that the credit scores of bride and groom become linked. You can keep your finances separate to a large degree, but if you and your soon-to-be husband share credit, you could see a problem. An example of this is cosigning on a car loan. Let us say that your husband takes care of the monthly payment. If, at some point, he should default on the loan, the lender can come after you. The remedy for this kind of situation is simple: keep your car loan, your retirement accounts, your credit cards and your checking and savings accounts separate. Your sweetheart is going through bankruptcy; he will understand.

The mortgage issue

You plan to buy a home after you are married. This is another common cosigning situation, but it requires a decision. You will probably be able to qualify for a larger loan if the two of you apply for a mortgage together because the lender will take both your incomes into consideration. However, because your soon-to-be husband has a bad credit rating, it might be better for you to apply on your own. You will likely get a better interest rate.

Future protection

An attorney will tell you that your sweetheart’s bankruptcy should not disrupt your marriage plans as long as you take a few common-sense steps. First, make sure your intended shares all the bankruptcy information with you so you will not be blindsided by anything down the road. Second, protect yourself by keeping your financial life separate from his. Third, consider the financial boundaries for your marriage separately and together going forward. Honesty, good planning and shared goals will help you have the happy future you deserve.

Helping you prepare to attend the 341 Meeting

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The meeting of creditors relative to a bankruptcy filing is more formally known as the “341 meeting.” This name comes from Section 341 in Title 11 of the United States Code.

When you file for bankruptcy, you will have to attend this meeting along with your attorney and your trustee. It may sound a bit scary, but the 341 meeting is not as arduous an event as you might think.

The purpose

At this first meeting of equity security holders and creditors, you as the debtor must appear and answer questions under penalty of perjury. The examination enables the trustee to better understand your circumstances and to begin an efficient administration of your bankruptcy case.

What happens

You may feel somewhat relieved to know that the 341 meeting does not occur in the presence of a judge. The trustee assigned by the United States Trustee is in charge of conducting the hearing, which will only last a few minutes. Your creditors will receive notification of your filing for bankruptcy, and while they may decide to attend, they usually do not; they do not waive their rights if they choose not to appear. Under oath, you will answer questions about subjects such as your assets, liabilities, financial circumstances and conduct in handling your debts. Remember that your attorney will be with you; you do not have to manage this hearing alone.

What not to do

The one thing you must not do is fail to appear at the 341 meeting. If that should happen, or if you appear but do not answer the questions asked, the trustee can request the dismissal of your bankruptcy case. The court could also order you to cooperate with the trustee or else hold you in contempt.

Part of the process

Think of the 341 meeting as a natural part of the bankruptcy process. Completing this meeting brings you one step closer to resolving your debt, removing that dark cloud hanging over your head and heading off on the path to a much brighter future.

Spending sprees and other pre-bankruptcy filing mistakes

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Once you make the decision to file for bankruptcy, you will want the process to go as smoothly as possible. However, you are probably nervous. You have no idea what to expect.

When you are under a good deal of stress, mistakes are easy to make, but here are five common missteps that could be damaging to your petition for bankruptcy.

Submitting an incomplete list of creditors

Skipping a creditor when you prepare your list may be a simple error given all the various bills you might have. On the other hand, you may want to keep a special account out of the mix. However, the law requires you to include all creditors when you file for bankruptcy.

Trying to hide assets

You may have an additional bank account you feel tempted to keep from view. You might consider transferring money to a friend or family member for safekeeping until you finalize the bankruptcy. Keep in mind that hiding assets is against the law. By doing so, you could jeopardize your filing, you might have to pay a fine and you could even face a prison sentence.

Repaying a family obligation

Perhaps you wish to repay a debt owed to a relative ahead of your filing because you do not want to include it in the bankruptcy process. The bankruptcy trustee may see that as a “preferential” payment and disallow it, in which case, your relative would have to return that money and pay it to the trustee.

Enjoying a spending spree

Many people think they can go on a spending spree before filing for bankruptcy. They reason that charging more debt to their credit cards at this point would not matter. Do not become a member of this misinformed group; the additional debt may not be dischargeable. Stop using your credit cards.

Not acting promptly

An experienced bankruptcy attorney will tell you not to delay filing for bankruptcy because your delinquent debts will just continue to snowball. You may have lost your job. You may be struggling under a mountain of medical bills. Whatever the circumstances, bankruptcy is a legal solution for getting out of debt. The faster you act, the faster you can enjoy a fresh new start for your life.

How individual retirement accounts fare under the BAPCPA law

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If you are facing bankruptcy, you may worry about the disposition of retirement accounts, such as your 401(k) or your profit sharing plan.

Congress revised the Bankruptcy Code in 2005, and the changes shed light on your concerns.

About the BAPCPA

The revision is the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, better known as BAPCPA. As a result of this act, if you are about to file for bankruptcy protection and your net monthly income is more than the median income for your state, you will have to repay a portion of the debt you owe under Chapter 13.

Retirement plan exclusions

The good news is that the assets you hold in qualified plans like your 401(k) and profit sharing plan will be excluded from bankruptcy. There are BAPCPA guidelines for which plans qualify and which do not, and those guidelines include a favorable determination letter from the Internal Revenue Service.

The IRA dollar limit

While the Supreme Court determined that you can exclude an IRA from a bankruptcy filing, the court did not rule on the provision of the federal bankruptcy law that speaks to the dollar amount. The legal system has now addressed that matter. According to BAPCPA, there is protection for up to $1 million in assets held in both Roth and traditional IRAs. Furthermore, you can exclude any funds from a qualified retirement account rolled over into an IRA from the bankruptcy estate altogether.

Protection from creditors

The Employee Retirement Income Security Act also comes into play regarding your retirement accounts. Under Title 1, Section 206(d), ERISA provides qualified plans such as your 401(k) with protection from creditors. Creditors may not levy, garnish or attach the assets you hold in such a plan. The bottom line is that bankruptcy laws can be complicated, but as with the BAPCPA and ERISA, they offer protections that are important to those who are looking ahead to a debt-free life.

Toys “R” Us news shows how two forms of bankruptcy are used

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When a company faces financial difficulties and goes into bankruptcy, Chapter 11 is the type most businesses use. Sometimes, however, the hoped-for advantages might not work.

Toys “R” Us recently ran into this problem and is now in the process of converting its Chapter 11 protection for Chapter 7.

Why Chapter 11

Toys “R” Us was losing business due to online competition. The company failed in its attempts to find a buyer and filed for Chapter 11 in September of 2017. This form of bankruptcy protection allows a company to keep its doors open. The big toy retailer wanted to cut debt and restructure so it could become a healthy company again, but apparently, that idea has not worked out.

Going to Plan B

After failing to pay its debts, the UK division of the company is now under what is called administration, the British equivalent of bankruptcy. The company has also told its employees that there is no money for severance pay. Here in the US, Toys “R”, Us is exchanging its Chapter 11 protection for Chapter 7, which will allow the liquidation of all its assets. The company will also close all its remaining stores. One bright note is that talks are reportedly underway to sell the Asian and European divisions.

The new process

The first step under Chapter 7 is that Toys “R” Us will file notice that it plans to cease doing business. Next, an appointed trustee will sell off company assets. An experienced bankruptcy attorney will tell you that during this phase, the public will probably be able to take advantage of going-out-of-business sales. The proceeds from the sale of assets will go to pay administrative and legal expenses first, and then the debts to secured creditors, with unsecured creditors such as vendors getting whatever is left. It is not often that a giant retailer is forced to consider bankruptcy, but the experience of Toys “R” Us shows that there is more than one remedy a company can consider when it is facing financial peril.

Why your credit situation matters in an apartment search

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When you are a renter, the search for just the right place to live can have its challenges. When you find an apartment or rental house that seems like the perfect fit for you, you don’t want any complications getting in the way of you getting approved for a lease. Among the things that could create such roadblocks are debt struggles.

Credit checks are a common part of the application process

What special problems can renters face when it comes to such struggles? Well, problems with debt could harm a person’s credit and lower their credit score. This can matter a great deal for renters, as credit and credit score are among the things landlords often look into when deciding whether to grant a person’s lease application.

Credit scores and approval chances

So, what your credit score is could impact your likelihood of getting approved when applying for a given apartment or rental property. A recent study estimated what the lease approval odds are for renters at different credit score levels. It found that:

  • Renters with a credit score above 700 had a 97 percent to 98 percent approval rate
  • Renters with a credit score between 600 and 650 had an 87 percent approval rate
  • Renters with a credit score from 500 to 600 had a 67 percent approval rate
  • Renters with a credit score under 500 had a 48 percent approval rate

According to the study, in competitive markets and for applications for higher-end properties, a low credit score could be particularly problematic for a renter.

Repairing your financial situation

So, for renters, leaving debt struggles unaddressed can have some added consequences. It could make your next apartment search much more difficult. So, promptly and properly addressing debt problems can be critical. Such actions could help you get into a position to repair your credit, which could prove quite important when the time to move comes around. What actions would be appropriate depends on your situation. Under some circumstances, bankruptcy could be a key option to explore. Promptly and carefully reviewing your options can be critical when debt problems come up.

Celebrity bankruptcies can be a source of inspiration

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Most of us look up to certain celebrities and put them on pedestals. Then, to prove that the stars we admire are only human, something quite ordinary happens in their lives, such as running out of money.

Here is a brief look at how four celebrities coped after making the decision to file for bankruptcy.

Director Francis Ford Coppola

One of the most revered directors in Hollywood, Francis Ford Coppola, filed for bankruptcy in 1992. At the time, he owed $98 million but his assets only came to $52 million. He blamed “One From the Heart” for most of his financial woes. The movie cost $27 million to make but brought in only $4 million. Today, Mr. Coppola still makes films and he also owns a winery and a group of boutique hotels.

Actress Kim Basinger

Kim Basinger reportedly had a net worth of $5.4 million when she declared bankruptcy in 1993. Her financial problems erupted when she backed out of making a film and was sued for breach of contract. The lawsuit was settled after three years, and today, Ms. Basinger, who is still acting, is worth $36 million.

Former Pitcher Curt Schilling

Baseball great Curt Schilling made some bad investments after retiring from the major leagues. He earned $114 million as a pitcher, then invested in a company that had to file for bankruptcy in 2012. Schilling had to sell the family home and his famous bloody sock, and he underwent treatment for cancer as well. Since then, he has returned to the public eye and ear via the syndicated news network Breitbart.com

TV-radio Personality Larry King

When talk show host Larry King filed for bankruptcy in 1978, he was $352,000 in debt. Fortunately, CNN offered him a job as host of a late-night radio talk show. That program developed into “Larry King Live,” which ran for 25 years. Today, Mr. King is said to be worth $150 million.

Looking forward

Though you may not be as famous or wealthy as some of the celebrities who file for bankruptcy, you can find inspiration in their stories. An experienced bankruptcy attorney will tell you that everything is relative, and every story is unique. Once you have decided that bankruptcy is your best option for getting out of debt, you can look forward to a better, brighter future.

The basics of wage garnishment

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If you are accruing debt, your first instinct may be to ignore it. It can be difficult to admit you have a problem; however, ignoring outstanding debts can lead to a frozen bank account or wage garnishment. According to NPR, millions of Americans are getting their wages seized because of medical bills and credit card debt.

When you are facing debt that you cannot pay, the best thing you can do is act early, talk to creditors and consider bankruptcy. Otherwise, if you ignore and fail to pay your debt, your employer may start to withhold some of your wages because of a court judgment.

The last resort of debt collection

Generally, wage garnishment is the last step that debt collectors take. If you notice your wages are being withheld, you are probably in deep trouble. Wage garnishment usually occurs after the creditor determines it cannot recover the debt. your wages can only be garnished if the creditor files a lawsuit against you. If the lawsuit is successful, the court may issue a judgment that approves the withholding of your wages, bank accounts or property.

Tackle the issue head-on

If you receive notices of wage garnishment, you may try to deal with it the same way you deal with your debt, which is by ignoring it. It can be stressful to communicate with creditors and come to terms with your financial troubles. You may want to bury your head in the sand and pretend this is not happening. However, this will not stop the issue from getting worse. You should try your best to pay back your debt or look into filing bankruptcy.

Bankruptcy can help

While declaring bankruptcy may sound scary, it may be the best thing for you to do if you are suffering from wage garnishment. When you declare bankruptcy, a federal order will overrule the garnishment judgment. Do not be afraid to consider bankruptcy to stop wage garnishment.

Make a post-bankruptcy plan to rebuild your credit

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In filing for bankruptcy, you are taking the first step toward a fresh, new financial future. Gone will be that mountain of debt that has been wearing you down.

Once the bankruptcy is behind you, restoring your credit will be the next goal, and you can begin by putting together a plan of action in five easy steps.

1. Take stock of your situation

You can get free annual credit reports. Take a close look to make sure all the information is accurate. If there are errors, you will need to dispute them and see that the mistakes are corrected. You will also want to check your credit score—also for free—and look at the same score each month in order to track it accurately.

2. Develop a budget

Putting a budget together will help immensely when you are rebuilding your credit. You probably received budget counseling in connection with the bankruptcy process, and it will help you keep your finances in check.

3. Create your emergency fund

Make it a habit to set a little money aside each month. Having an emergency fund of even $200-$300 will help you take care of unexpected expenses so that you will not have to take a payday loan or use your credit card.

4. Apply for secured credit

A secured credit card is one that you back with a deposit, and the credit line is normally that amount. Having this kind of card after bankruptcy helps to build a good credit profile. Be sure that the bank or credit union you choose for your card reports activity not just to one, but to all three credit bureaus. You want to have your credit information recorded everywhere.

5. Make timely payments

Once you have put all the parts of your post-bankruptcy plan into action, keep it humming along by making payments on time every month. When you begin seeing an improved credit score, you will be proud of yourself and well on your way to a sound financial future.

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